Professional Documents
Culture Documents
HEADS OF INCOME
CHAPTER OVERVIEW
HEADS OF INCOME
Charging
Section 15 22 28 45 56
HEADS OF INCOME
UNIT-1: SALARIES
LEARNING OUTCOMES
After reading this unit, you will be able to:
r identify the point of time when salary income is chargeable to
tax.
r comprehend the meaning of salary, profits in lieu of salary,
allowances, perquisite and various retirement benefits.
r identify the allowances and perquisites exempt from tax.
r determine the taxable portion of retirement benefits,
allowances and other benefits which form part of salary.
r determine the value of perquisites chargeable to tax under
the head “Salaries”.
r know the admissible deductions from salary.
r compute the income chargeable to tax under the head
“Salaries”.
1.1 INTRODUCTION
The provisions pertaining to Income under the head “Salaries” are contained in section
15, 16 and 17 in the following manner.
Examples:
(a) Sujatha, an actress, is employed in Chopra Films, where she is paid a
monthly remuneration of ` 2 lakh. She acts in various films produced by
various producers. The remuneration for acting in such films is directly paid
to Chopra Films by the different producers.
In this case, ` 2 lakh will constitute salary in the hands of Sujatha, since the
relationship of employer and employee exists between Chopra Films and
Sujatha.
(b) In the above example, if Sujatha acts in various films and gets fees from
different producers, the same income will be chargeable as income from
profession since the relationship of employer and employee does not exist
between Sujatha and the film producers.
(c) Commission received by a Director from a company is salary if the Director
is an employee of the company. If, however, the Director is not an employee
of the company, the said commission cannot be charged as salary but has
to be charged either as income from business or as income from other
sources depending upon the facts.
(d) Salary paid to a partner by a firm is nothing but an appropriation of profits.
Any salary, bonus, commission or remuneration by whatever name called
due to or received by partner of a firm shall not be regarded as salary.
The same is to be charged as income from profits and gains of business or
profession. This is primarily because the relationship between the firm and
its partners is not that of an employer and employee.
(2) Full-time or part-time employment: Once the relationship of employer and
employee exists, the income is to be charged under the head “salaries”. It does
not matter whether the employee is a full-time employee or a part-time one.
If, for example, an employee works with more than one employer, salaries received
from all the employers should be clubbed and brought to charge for the relevant
previous years.
(3) Foregoing of salary: Once salary accrues, the subsequent waiver by the
employee does not absolve him from liability to income-tax. Such waiver is only
an application and hence, chargeable to tax.
© The Institute of Chartered Accountants of India
4.6 INCOME TAX LAW
Example:
Mr. A, an employee instructs his employer that he is not interested in receiving the
salary for April 2017 and the same might be donated to a charitable institution.
In this case, Mr. A cannot claim that he cannot be charged in respect of the salary
for April 2017. It is only due to his instruction that the donation was made to a
charitable institution by his employer. It is only an application of income.
Hence, the salary for the month of April 2017 will be taxable in the hands of Mr.
A. He is however, entitled to claim a deduction under section 80G for the amount
donated to the institution. [The concept of deductions is explained in detail in
Chapter 7].
(4) Surrender of salary: However, if an employee surrenders his salary to the Central
Government under section 2 of the Voluntary Surrender of Salaries (Exemption
from Taxation) Act, 1961, the salary so surrendered would be exempt while
computing his taxable income.
(5) Salary paid tax-free: This, in other words, means that the employer bears the
burden of the tax on the salary of the employee. In such a case, the income from
salaries in the hands of the employee will consist of his salary income and also
the tax on this salary paid by the employer.
However, as per section 10(10CC), the income-tax paid by the employer on non-
monetary perquisites on behalf of the employee would be exempt in the hands
of the employee.
(6) Place of accrual of salary: Under section 9(1)(ii), salary earned in India is deemed
to accrue or arise in India even if it is paid outside India or it is paid or payable
after the contract of employment in India comes to an end.
If an employee gets pension paid abroad in respect of services rendered in India,
the same will be deemed to accrue in India. Similarly, leave salary paid abroad in
respect of leave earned in India is deemed to accrue or arise in India.
Example:
Suppose, Mr. A, a citizen of India is posted in the United States as our Ambassador.
Obviously, he renders his services outside India. He also receives his salary outside
India. He is also a non-resident. The question, therefore, arises whether he can
claim exemption in respect of his salary paid by the Government of India to him
outside India.
Section 9(1)(iii) provides that salaries payable by the Government to a citizen
of India for services outside India shall be deemed to accrue or arise in India.
However, by virtue of section 10(7), any allowance or perquisites paid or allowed
outside India by the Government to a citizen of India for rendering services
outside India will be fully exempt.
© The Institute of Chartered Accountants of India
HEADS OF INCOME 4.7
Now, let us discuss the chargeability section 15, the provisions explaining the
meaning of Salary, Perquisites and Profits in lieu of salary contained in section 17
and the deductions under section 16.
Example:
If the Pay Commission is appointed by the Central Government and it recommends
revision of salaries of employees, the arrears received in that connection will be charged
on receipt basis. Here also, relief under section 89(1) is available.
Allowances
Fully Taxable Partly Taxable Fully Exempt
(vii) Servant Allowance (v) Allowance granted
(viii) Project Allowance to Government
(ix) Tiffin/Lunch/Dinner employees outside
Allowance India.
(x) Any other cash
allowance
(xi) Warden Allowance
(xii) Non-practicing
Allowance
(A) Allowances which are fully taxable
(1) City compensatory allowance: City Compensatory Allowance is normally
intended to compensate the employees for the higher cost of living in cities. It is
taxable irrespective of the fact whether it is given as compensation for performing
his duties in a particular place or under special circumstances.
(2) Entertainment allowance: This allowance is given to employees to meet the
expenses towards hospitality in receiving customers etc. The Act gives a deduction
towards entertainment allowance only to a Government employee. The details of
deduction permissible are discussed later on in this Unit.
(B) Allowances which are partially taxable
(1) House rent allowance [Section 10(13A)]: HRA is a special allowance specifically
granted to an employee by his employer towards payment of rent for residence
of the employee. HRA granted to an employee is exempt to the extent of least of
the following:
Metro Cities (i.e. Delhi, Kolkata,
Other Cities
Mumbai, Chennai)
1) HRA actually received. 1) HRA actually received
2) Rent paid -10% of salary for 2) Rent paid - 10% of salary for the
the relevant period relevant period
3) 50% of salary for the relevant 3) 40% of salary for the relevant period
period
Notes:
1. Exemption is not available to an assessee who lives in his own house, or in
a house for which he has not incurred the expenditure of rent.
2. Salary for this purpose means basic salary, dearness allowance, if provided
in terms of employment and commission as a fixed percentage of turnover.
3. Relevant period means the period during which the said accommodation
was occupied by the assessee during the previous year.
ILLUSTRATION 1
Mr. Raj Kumar has the following receipts from his employer:
(1) Basic pay ` 3,000 p.m.
(2) Dearness allowance (D.A.) ` 600 p.m.
(3) Commission ` 6,000 p.a.
(4) Motor car for personal use (expenditure met by the employer) ` 500 p.m
(5) House rent allowance ` 900 p.m.
Find out the amount of HRA eligible for exemption to Mr. Raj Kumar assuming that he
paid a rent of ` 1,000 p.m. for his accommodation at Kanpur. DA forms part of salary for
retirement benefits.
SOLUTION
HRA received ` 10,800
Less: Exempt under section 10(13A) [Note] ` 7,680
Taxable HRA ` 3,120
Note : Exemption shall be least of the following three limits:
(a) the actual amount received (` 900 × 12) = ` 10,800
(b) excess of the actual rent paid by the assessee over 10% of his salary
= Rent Paid - 10% of salary for the relevant period
= (` 1,000×12) - 10% of [(` 3,000+` 600 ) × 12] = ` 12,000 - ` 4,320 = ` 7,680
(c) 40% salary as his accommodation is situated at kanpur
= 40% of [(` 3,000+ ` 600) × 12] = ` 17,280
Note: For the purpose of exemption under section 10(13A), salary includes dearness
allowance only when the terms of employment so provide, but excludes all other
allowances and perquisites.
ILLUSTRATION 2
Mr. Mohit is employed with XY Ltd. on a basic salary of ` 10,000 p.m. He is also entitled
to dearness allowance @ 100% of basic salary, 50% of which is included in salary as
per terms of employment. The company gives him house rent allowance of ` 6,000 p.m.
which was increased to ` 7,000 p.m. with effect from 1.01.2018. He also got an increment
of ` 1,000 p.m. in his basic salary with effect from 1.02.2018. Rent paid by him during the
previous year 2017-18 is as under:
Particulars Feb-
April-May June-Oct Nov-Dec Jan March
(`) (`) (`) (`) (`)
Rent paid for the Nil 30,000 16,000 8,000 16,000
relevant period (`6,000×5) (`8,000×2) (`8,000×1) (`8,000×2)
House rent
allowance (HRA)
12,000 30,000 12,000 7,000 14,000
received during
(`6,000×2) (`6,000×5) (`6,000×2) (`7,000×1) (`7,000×2)
the relevant
period (A)
Least of the
following is
exempt [u/s
10(13A)]
1. Actual HRA 12,000 30,000 12,000 7,000 14,000
received
2. Rent paid – N.A. 22,500 13,000 6,500 12,700
10% of salary
3. 40% of salary N.A. 30,000 15,000 7,500 16,500
(Residence at (40% × (50% × (50% × (50% ×
Ghaziabad–June ` 75,000) ` 30,000) ` 15,000) ` 33,000)
to Oct, 2017)
50% of salary
(Residence at
Delhi–Nov’17-
March’18)
Exempt HRA (B) Nil 22,500 12,000 6,500 12,700
Taxable HRA
(Actual HRA – 12,000 7,500 Nil 500 1,300
Exempt HRA)
(A-B)
Taxable HRA (total) = ` 12,000 + ` 7,500 + ` 500 + ` 1,300 = ` 21,300
(2) Special allowances to meet expenses relating to duties or personal expenses
[Section 10(14)]
This clause provides for exemption (as per Rule 2BB) in respect of the following:
(i) Special allowances or benefit not being in the nature of a perquisite,
specifically granted to meet expenses incurred wholly, necessarily and
exclusively in the performance of the duties of an office or employment of
profit [Section 10(14)(i)]
© The Institute of Chartered Accountants of India
4.14 INCOME TAX LAW
For the allowances under this category, there is no limit on the amount
which the employee can receive from the employer, but whatever
amount is received should be fully utilized for the purpose for which it was
given to him.
(ii) Special allowances granted to the assessee either to meet his personal
expenses at the place where the duties of his office or employment of profit
are ordinarily performed by him or at the place where he ordinarily resides
or to compensate him for the increased cost of living. [Section 10(14)(ii)]
For the allowances under this category, there is a limit on the amount
which the employee can receive from the employer. Any amount
received by the employee in excess of these specified limits will be taxable
in his hands as income from salary for the year. It does not matter whether
the amount which is received is actually spent or not by the employee for
the purpose for which it was given to him.
Rule 2BB
The following allowances have been prescribed in Rule 2BB:
Allowances prescribed for the purposes of section 10(14)(i)
(a) any allowance granted to meet the cost of travel on tour or on transfer
(Travelling Allowance);
Explanation - “allowance granted to meet the cost of travel on transfer”
includes any sum paid in connection with the transfer, packing and
transportation of personal effects on such transfer.
(b) any allowance, whether granted on tour or for the period of journey in
connection with transfer, to meet the ordinary daily charges incurred by an
employee on account of absence from his normal place of duty;
(c) any allowance granted to meet the expenditure incurred on conveyance in
performance of duties of an office or employment of profit (Conveyance
Allowance);
(d) any allowance granted to meet the expenditure incurred on a helper where
such helper is engaged in the performance of the duties of an office or
employment of profit (Helper Allowance);
(e) any allowance granted for encouraging the academic research and training
pursuits in educational and research institutions;
(f) any allowance granted to meet the expenditure on the purchase or
maintenance of uniform for wear during the performance of the duties of
an office or employment of profit (Uniform Allowance).
ILLUSTRATION 3
Mr. Srikant has two sons. He is in receipt of children education allowance of ` 150 p.m.
for his elder son and ` 70 p.m. for his younger son. Both his sons are going to school. He
also receives the following allowances:
Transport allowance : ` 1,800 p.m.
Tribal area allowance : ` 500 p.m.
Compute his taxable allowances.
SOLUTION
Taxable allowance in the hands of Mr. Srikant is computed as under -
Children Education Allowance:
Elder son [(` 150 – ` 100) p.m. × 12 months] = ` 600
Younger son [(` 70 – ` 70) p.m. × 12 months] = Nil ` 600
© The Institute of Chartered Accountants of India
HEADS OF INCOME 4.17
means lump sum amount taken by commuting the whole or part of the pension.
Many persons convert their future right to receive pension into a lumpsum
amount receivable immediately.
Example:
Suppose a person is entitled to receive a pension of say ` 2000 p.m. for the rest of
his life. He may commute ¼th i.e., 25% of this amount and get a lumpsum of say
` 30,000. After commutation, his pension will now be the balance 75% of ` 2,000 p.m. =
` 1,500 p.m.
Exemption in respect of Commuted Pension [section 10(10A)]
As per section 10(10A), the payment in respect of commuted pension is exempt, subject
to the conditions specified therein. Its treatment is discussed below:
(a) Employees of the Central Government/local authorities/Statutory
Corporation/ members of the Defence Services: Any commuted pension
received is fully exempt from tax.
(b) Non-Government Employee: Any commuted pension received is exempt from
tax in the following manner:
If the employee is in receipt of gratuity,
Exemption = 1/3rd of the amount of pension which he would have received had
he commuted the whole of the pension.
Notes:
1. Judges of the Supreme Court and High Court will be entitled to exemption of the
commuted portion not exceeding ½ of the pension.
2. Any commuted pension received by an individual out of annuity plan of the Life
Insurance Corporation of India (LIC) from a fund set up by that Corporation will
be exempted.
ILLUSTRATION 4
Mr. Sagar retired on 1.10.2017 receiving ` 5,000 p.m. as pension. On 1.2.2018, he
commuted 60% of his pension and received ` 3,00,000 as commuted pension. You are
required to compute his taxable pension assuming:
a. He is a government employee.
b. He is a non-government employee, receiving gratuity of ` 5,00,000 at the time of
retirement.
c. He is a non-government employee and is not in receipt of gratuity at the time of
retirement.
SOLUTION
(a) He is a government employee.
Uncommuted pension received (October – March) ` 24,000
[(` 5,000 × 4 months) + (40% of ` 5,000 × 2 months)]
Commuted pension received ` 3,00,000
Less : Exempt u/s 10(10A) ` 3,00,000 NIL
Taxable pension ` 24,000
` 1,66,667 ` 1,33,333
Taxable pension ` 1,57,333
(c) He is a non-government employee and is not in receipt of gratuity at the
time of retirement.
Uncommuted pension received (October – March) ` 24,000
[ (` 5,000 × 4 months) + (40% of ` 5,000 × 2 months)]
Commuted pension received ` 3,00,000
Less: Exempt u/s 10(10A)
` 2,50,000 ` 50,000
Taxable pension ` 74,000
(3) Gratuity
Gratuity is a voluntary payment made by an employer in appreciation of services
rendered by the employee. Now-a-days gratuity has become a normal payment
applicable to all employees. In fact, Payment of Gratuity Act, 1972 is a statutory
recognition of the concept of gratuity. Almost all employers enter into an agreement
with employees to pay gratuity.
Exemption in respect of Gratuity [Section 10(10)]
Its treatment is discussed below:
1. Retirement gratuity received under the Pension Code Regulations applicable to
members of the Defence Service is fully exempt from tax.
2. Central / State Government Employees: Any death cum retirement gratuity is
fully exempt from tax.
3. Non-government employees:
(i) Non-government employees covered by the Payment of Gratuity Act,
1972
Any death-cum-retirement gratuity is exempt from tax to the extent of least
of the following:
(i) ` 10,00,000
(ii) Gratuity actually received
(iii) 15 days’ salary based on last drawn salary for each completed year of
service or part thereof in excess of 6 months
Note: Salary for this purpose means basic salary and dearness allowance.
No. of days in a month for this purpose, shall be taken as 26.
(ii) Non-government employees not covered by the Payment of Gratuity
Act, 1972
Any death cum retirement gratuity is exempt from tax to the extent of least
of the following:
(i) ` 10,00,000
(ii) Gratuity actually received
(iii) Half month’s salary (based on last 10 months’ average salary
immediately preceding the month of retirement or death) for each
completed year of service (fraction to be ignored)
Note: Salary for this purpose means basic salary and dearness allowance,
if provided in the terms of employment for retirement benefits, forming
part of salary and commission which is expressed as a fixed percentage of
turnover.
Students must also note the following points:
(1) Gratuity received during the period of service is fully taxable.
(2) Where gratuity is received from 2 or more employers in the same year then
aggregate amount of gratuity exempt from tax cannot exceed ` 10,00,000.
(3) Where gratuity is received in any earlier year from former employer and
again received from another employer in a later year, the limit of ` 10,00,000
will be reduced by the amount of gratuity exempt earlier.
(4) The exemption in respect of gratuities would be available even if the gratuity
is received by the widow, children or dependents of a deceased employee.
Gratuity
Fully Taxable
Government Non-Government
Employees Employees
Fully Exempt
Covered under Not covered
Payment of under payment
Gratuity Act, of Gratuity Act,
1972 1972
ILLUSTRATION 5
Mr. Ravi retired on 15.6.2017 after completion of 26 years 8 months of service and
received gratuity of ` 6,00,000. At the time of retirement, his salary was:
Basic Salary : ` 5,000 p.m.
Dearness Allowance : ` 3,000 p.m. (60% of which is for retirement benefits)
Commission : 1% of turnover (turnover in the last 12 months was ` 12,00,000)
Bonus : ` 12,000 p.a.
Compute his taxable gratuity assuming:
(a) He is non-government employee and covered by the Payment of Gratuity Act 1972.
(b) He is non-government employee and not covered by Payment of Gratuity Act 1972.
(c) He is a Government employee.
SOLUTION
(a) He is covered by the Payment of Gratuity Act 1972.
Gratuity received at the time of retirement ` 6,00,000
Less: Exemption under section 10(10)
Least of the following:
i. Gratuity received ` 6,00,000
ii. Statutory limit ` 10,00,000
iii. 15 days salary based on last drawn
salary for each completed year of service
or part thereof in excess of 6 months
` 1,24,615 ` 1,24,615
= ` 1,01,400
(c) He is a government employee
Gratuity received at the time of retirement ` 6,00,000
Less : Exemption under section 10(10) ` 6,00,000
Taxable gratuity Nil
© The Institute of Chartered Accountants of India
HEADS OF INCOME 4.25
3. Where leave salary is received in any earlier year from a former employer and
again received from another employer in a later year, the limit of ` 3,00,000 will be
reduced by the amount of leave salary exempt earlier.
4. Salary for this purpose means basic salary and dearness allowance, if provided in
the terms of employment for retirement benefits and commission which is expressed
as a fixed percentage of turnover.
5. ‘Average salary’ will be determined on the basis of the salary drawn during the
period of ten months immediately preceding the date of his retirement whether on
superannuation or otherwise.
ILLUSTRATION 6
Mr. Gupta retired on 1.12.2017 after 20 years 10 months of service, receiving leave salary of
` 5,00,000. Other details of his salary income are:
` 66,000
(iv) Cash equivalent of leave standing at the credit of
the employee based on the average salary of last
10 months (max. 30 days per year of service)
Leave Due = Leave allowed – Leave taken
= ( 30 days per year × 20 years ) – 480 days
= 120 days
` 26,400
(7) Provident fund
Provident fund scheme is a scheme intended to give substantial benefits to an employee
at the time of his retirement. Under this scheme, a specified sum is deducted from
the salary of the employee as his contribution towards the fund. The employer also
generally contributes the same amount out of his pocket, to the fund. The contribution
of the employer and the employee are invested in approved securities. Interest earned
thereon is also credited to the account of the employee. Thus, the credit balance in a
provident fund account of an employee consists of the following:
(i) employee’s contribution
(ii) interest on employee’s contribution
(iii) employer’s contribution
(iv) interest on employer’s contribution.
The accumulated balance is paid to the employee at the time of his retirement or
resignation. In the case of death of the employee, the same is paid to his legal heirs.
The provident fund represents an important source of small savings available to the
Government. Hence, the Income-tax Act, 1961 gives certain deductions on savings in
a provident fund account.
Employee’s Eligible for Not eligible for Eligible for Eligible for
Contribution deduction u/s deduction deduction deduction u/s
80C u/s 80C 80C
Interest Amount in Not taxable Fully exempt Fully exempt
Credited excess of 9.5% yearly
p.a. is taxable
Note: Salary for this purpose means basic salary and dearness allowance - if provided
Note:
If, after termination of his employment with one employer, the employee
obtains employment under another employer, then, only so much of the
accumulated balance in his provident fund account will be exempt which
is transferred to his individual account in a recognised provident fund
maintained by the new employer. In such a case, for exemption of payment
of accumulated balance by the new employer, the period of service with the
former employer shall also be taken into account for computing the period
of five years’ continuous service.
B. Unrecognised Provident Fund:
Amount received on the maturity of URPF
• Employee’s contribution is not taxable
• Interest on Employee’s contribution is taxable under ‘Income from
Other Sources’.
• Employer’s contribution and interest thereon is taxed as salary.
ILLUSTRATION 7
Mr. A retires from service on December 31, 2017, after 25 years of service. Following are
the particulars of his income/investments for the previous year 2017-18:
Particulars `
Basic pay @ ` 16,000 per month for 9 months 1,44,000
Dearness pay (50% forms part of the retirement benefits) ` 8,000 per 72,000
month for 9 months
Lumpsum payment received from the Unrecognized Provident Fund 6,00,000
Deposits in the PPF account 40,000
Out of the amount received from the unrecognized provident fund, the employer’s
contribution was ` 2,20,000 and the interest thereon ` 50,000. The employee’s contribution
was ` 2,70,000 and the interest thereon ` 60,000. What is the taxable portion of the
amount received from the unrecognized provident fund in the hands of Mr. A for the
assessment year 2018-19?
SOLUTION
Taxable portion of the amount received from the URPF in the hands of Mr. A for the A.Y.
2018-19 is computed hereunder:
Particulars `
Amount taxable under the head “Salaries”:
Employer’s share in the payment received from the URPF 2,20,000
Particulars `
Interest on the employer’s share 50,000
Total 2,70,000
Amount taxable under the head “Income from Other Sources” :
Interest on the employee’s share 60,000
Total amount taxable from the amount received from the fund 3,30,000
Note: Since the employee is not eligible for deduction under section 80C for contribution
to URPF at the time of such contribution, the employee’s share received from the URPF
is not taxable at the time of withdrawal as this amount has already been taxed as his
salary income.
ILLUSTRATION 8
Will your answer be any different if the fund mentioned above was a recognised provident
fund?
SOLUTION
Since the fund is a recognised one, and the maturity is taking place after a service of
25 years, the entire amount received on the maturity of the RPF will be fully exempt
from tax.
ILLUSTRATION 9
Mr. B is working in XYZ Ltd. and has given the details of his income for the P.Y. 2017-18.
You are required to compute his gross salary from the details given below:
Basic Salary ` 10,000 p.m.
D.A. (50% is for retirement benefits) ` 8,000 p.m.
Commission as a percentage of turnover 0.1%
Turnover during the year ` 50,00,000
Bonus ` 40,000
Gratuity ` 25,000
His own contribution in the RPF ` 20,000
Employer’s contribution to RPF 20% of his basic salary
Interest accrued in the RPF @ 13% p.a. ` 13,000
SOLUTION
Computation of Gross Salary of Mr. B for the A.Y. 2018-19
Particulars ` `
Basic Salary [ ` 10,000 × 12] 1,20,000
Particulars ` `
Dearness Allowance [` 8,000 × 12] 96,000
Commission on turnover [0.1% × ` 50,00,000] 5,000
Bonus 40,000
Gratuity [Note 1] 25,000
Employee’s contribution to RPF [Note 2] -
Employers contribution to RPF [20% of ` 1,20,000] 24,000
Less : Exempt [Note 3] 20,760 3,240
or
(b) An amount, not less than ` 5,00,000 as may be notified by the Central Government
in this behalf,
whichever is lower.
Note: The above limits will not be applicable to cases where the compensation is paid
under any scheme approved by the Central Government for giving special protection
to workmen under certain circumstances.
ILLUSTRATION 10
Mr. Garg received retrenchment compensation of ` 10,00,000 after 30 years 4 months of
service. At the time of retrenchment, he was drawing basic salary ` 20,000 p.m.; dearness
allowance ` 5,000 p.m. Compute his taxable retrenchment compensation.
SOLUTION
Retrenchment compensation received ` 10,00,000
Less : Exemption under section10(10B) [See Note below] ` 4,32,692
Taxable retrenchment compensation ` 5,67,308
Note: Exemption is to the extent of least of the following:
(i) Compensation actually received = ` 10,00,000
(ii) Statutory Limit = ` 5,00,000
(iii) Amount calculated in accordance with provisions of the Industrial Disputes Act,
1947
= ` 4,32,692
(2) Voluntary Retirement Receipts [Section 10(10C)]
Lumpsum payment or otherwise received by an employee at the time of voluntary
retirement would be taxable as “profits in lieu of salary”. However, it would be exempt
under section 10(10C), subject to the following conditions:
Eligible Undertakings - The employee of the following undertakings are eligible for
exemption under this clause:
(i) Public sector company
(ii) Any other company
(iii) An authority established under a Central/State or Provincial Act
(iv) A local authority
(v) A co-operative society
(vi) An University established or incorporated under a Central/State or Provincial
Act and an Institution declared to be an University by the University Grants
Commission.
(vii) An Indian Institute of Technology
(viii) Such Institute of Management as the Central Government may, by notification in
the Official Gazette, specify in this behalf
section 10(10C) shall be allowed to him in relation to that assessment year or any
other assessment year.
2. Salary for this purpose means basic salary and dearness allowance, if provided
in the terms of employment for retirement benefits, forming part of salary and
commission which is expressed as a fixed percentage of turnover
ILLUSTRATION 11
Mr. Dutta received voluntary retirement compensation of ` 7,00,000 after 30 years 4
months of service. He still has 6 years of service left. At the time of voluntary retirement,
he was drawing basic salary ` 20,000 p.m.; Dearness allowance (which forms part of pay)
` 5,000 p.m. Compute his taxable voluntary retirement compensation, assuming that he
does not claim any relief under section 89.
SOLUTION
Voluntary retirement compensation received ` 7,00,000
Less: Exemption under section 10(10C) [See Note below] ` 5,00,000
Taxable voluntary retirement compensation ` 2,00,000
Note: Exemption is to the extent of least of the following:
(i) Compensation actually received = ` 7,00,000
(ii) Statutory limit = ` 5,00,000
(iii) Last drawn salary × 3 × completed years of service
= (` 20,000 + ` 5,000) × 3 × 30 years = ` 22,50,000
(iv) Last drawn salary × remaining months of service
= (` 20,000 + ` 5,000) × 6 × 12 months = ` 18,00,000
1.3.3 Perquisites
The term ‘perquisite’ indicates some extra benefit in addition to the amount that
may be legally due by way of contract for services rendered. In modern times, the
salary package of an employee normally includes monetary salary and perquisite like
housing, car etc.
• Perquisite may be provided in cash or in kind.
• Reimbursement of expenses incurred in the official discharge of duties is not a
perquisite.
• Perquisite may arise in the course of employment or in the course of profession. If
it arises from a relationship of employer-employee, then the value of the perquisite
is taxable as salary. However, if it arises during the course of profession, the value
of such perquisite is chargeable as profits and gains of business or profession.
• Perquisite will become taxable only if it has a legal origin. An unauthorised
advantage taken by an employee without his employer’s sanction cannot be
considered as a perquisite under the Act.
© The Institute of Chartered Accountants of India
HEADS OF INCOME 4.39
Example:
Suppose Mr. A, an employee, is given a house by his employer. On 31.3.2018,
he is terminated from service. But he continues to occupy the house without
the permission of the employer for six more months after which he is evicted
by the employer. The question arises whether the value of the benefit enjoyed
by him during the six months period can be considered as a perquisite and
be charged to salary. It cannot be done since the relationship of employer-
employee ceased to exist after 31.3.2018. However, the definition of income
is wide enough to bring the value of the benefit enjoyed by Mr. A to tax as
“income from other sources”.
(e) by way of transfer to the account of the employee under a pension scheme
referred to in section 80CCD, which is notified by the Central Government.
(B) Perquisites exempt from tax in all cases
The following perquisites are exempt from tax in the hands of all employees.
Telephone Telephone provided by an employer to an employee at his
residence
Transport Facility Transport facility provided by an employer engaged in
the business of carrying of passengers or goods to his
employees either free of charge or at concessional rate;
Privilege passes and Privilege passes and privilege ticket orders granted by
privilege ticket Indian Railways to its employees;
Perquisites allowed Perquisites allowed outside India by the Government to a
outside India by the citizen of India for rendering services outside India;
Government
Employer’s Employer’s contribution to staff group insurance scheme;
contribution to staff
group insurance
scheme;
Annual premium Payment of annual premium by employer on personal
by employer on accident policy effected by him on the life of the employee;
personal accident
policy
Refreshment Refreshment provided to all employees during working
hours in office premises;
Subsidized lunch Subsidized lunch or dinner provided to an employee;
Recreational Recreational facilities, including club facilities, extended
facilities to employees in general i.e., not restricted to a few select
employees;
Amount spent Amount spent by the employer on training of employees
on training of or amount paid for refresher management course including
employees expenses on boarding and lodging;
Sum payable by Sum payable by an employer to a RPF or an approved
employer to a RPF superannuation fund or deposit-linked insurance fund
or an approved established under the Coal Mines Provident Fund or the
superannuation Employees’ Provident Fund Act;
fund
amount exempted under section 10(5) in respect of the value of LTC shall be the
amount actually incurred on such travel subject to the following conditions:
(1) where it is performed by air, an amount not exceeding the air economy fare
of the National Carrier by the shortest route to the place of destination;
(2) where places of origin of journey and destination are connected by rail and
the journey is performed by any mode of transport other than by air an
amount not exceeding the air-conditioned first class rail fare by the shortest
route to the place of destination; and
(3) where the places of origin of journey and destination or part thereof are not
connected by rail, the amount eligible for exemption shall be,—
(A) where a recognised public transport system exists, an amount not
exceeding the 1st class or deluxe class fare, as the case may be, on
such transport by the shortest route to the place of destination ; and
(B) where no recognised public transport system exists, an amount
equivalent to the air-conditioned first class rail fare, for the distance of
the journey by the shortest route, as if the journey had been performed
by rail.
Note: The exemption referred to shall not be available to more than two surviving
children of an individual after 1.10.1998. This restrictive sub-rule shall not apply in
respect of children born before 1.10.1998 and also in case of multiple births after one
child.
ILLUSTRATION 12
Mr. D went on a holiday on 25.12.2017 to Delhi with his wife and three children (one son
– age 5 years; twin daughters – age 2 years). They went by flight (economy class) and the
total cost of tickets reimbursed by his employer was ` 60,000 ( ` 45,000 for adults and
` 15,000 for the three minor children). Compute the amount of LTC exempt.
SOLUTION
Since the son’s age is more than the twin daughters, Mr. D can avail exemption for all
his three children. The restriction of two children is not applicable to multiple births
after one child. The holiday being in India and the journey being performed by air
(economy class), the entire reimbursement met by the employer is fully exempt.
ILLUSTRATION 13
In the above illustration 12, will there be any difference if among his three children the
twins were 5 years old and the son 3 years old? Discuss.
SOLUTION
Since the twins’ age is more than the son, Mr. D cannot avail for exemption for all his
three children. LTC exemption can be availed in respect of only two children. Taxable
exclusive of the value of all benefits or amenities not provided by way of monetary
payments.
In other words, for computing the limit of ` 50,000, the following items have to
be excluded or deducted:
(a) all non-monetary benefits;
(b) monetary benefits which are exempt under section 10. This is because
the exemptions provided under section 10 are excluded completely from
salaries.
For example, HRA or education allowance or hostel allowance are not
to be included in salary to the extent to which they are exempt under
section 10.
(c) Deduction for entertainment allowance [under section 16(ii)] and
deduction toward professional tax [under section 16(iii)] are also to be
excluded.
If an employee is employed with more than one employer, the aggregate of the
salary received from all employers is to be taken into account in determining
the above ceiling limit of ` 50,000, i.e., Salary for this purpose= Basic Salary +
Dearness Allowance + Commission, whether payable monthly or turnover based
+ Bonus + Fees + Any other taxable payment + Any taxable allowances + Any
other monetary benefits – Deductions under section 16]
(2) Valuation of Perquisites
The Income-tax Rules, 1962 contain the provisions for valuation of perquisites. It is
important to note that only those perquisites which the employee actually enjoys have
to be valued and taxed in his hand.
Examples:
Suppose a company offers a housing accommodation rent-free to an employee but
the latter declines to accept it, then the value of such accommodation obviously
cannot be evaluated and taxed in the hands of the employees.
For the purpose of computing the income chargeable under the head “Salaries”, the
value of perquisites provided by the employer directly or indirectly to the employee or
to any member of his household by reason of his employment shall be determined in
accordance with Rule 3.
(A) Valuation of residential accommodation [Sub-rule (1) of Rule 3]
The value of residential accommodation provided by the employer during the
previous year shall be determined in the following manner –
from one place to another, at the new place of posting while retaining the
accommodation at the other place, the value of perquisite shall be determined
with reference to only one such accommodation which has the lower perquisite
value, as calculated above, for a period not exceeding 90 days and thereafter, the
value of perquisite shall be charged for both such accommodations.
(2) Any accommodation provided to an employee working at a mining site or an
on-shore oil exploration site or a project execution site, or a dam site or a power
generation site or an off-shore site would not be treated as a perquisite, provided
it satisfies either of the following conditions -
(i) the accommodation is of temporary nature, has plinth area not exceeding
800 square feet and is located not less than eight kilometers away from the
local limits of any municipality or a cantonment board; or
(ii) the accommodation is located in a remote area i.e., an area that is located
at least 40 kms away from a town having a population not exceeding 20,000
based on latest published all-India census.
(3) Where the accommodation is provided by the Central Government or any State
Government to an employee who is serving on deputation with any body or
undertaking under the control of such Government,-
(i) the employer of such an employee shall be deemed to be that body or
undertaking where the employee is serving on deputation; and
(ii) the value of perquisite of such an accommodation shall be the amount
calculated in accordance with Sl. No.2(a) of the above table, as if the
accommodation is owned by the employer.
(4) “Accommodation” includes a house, flat, farm house or part thereof, or
accommodation in a hotel, motel, service apartment, guest house, caravan,
mobile home, ship or other floating structure.
(5) “Hotel” includes licensed accommodation in the nature of motel, service
apartment or guest house.
(B) Value of any concession in the matter of rent respecting any accommodation
provided to the assessee by the employer [Section 17(2)(ii)]
(i) In case of unfurnished accommodation provided to employees other than
Government employees –
• If accommodation owned by the employer: The difference between
the specified rate and the amount of rent recoverable/recovered from the
employee would be deemed to be the concession in the matter of rent.
• If accommodation taken on lease or rent by the employer: The difference
between the actual lease rent or 15% of salary, whichever is lower, and rent
recovered/recoverable from the employee would be deemed to be the
concession in the matter of rent.
© The Institute of Chartered Accountants of India
4.50 INCOME TAX LAW
(1) (2)
Type of accommodation Deemed concession in the
matter of rent
Accommodation owned by the Specified rate minus rent
employer recoverable from the employee.
In cities having a population 15% of salary minus rent
exceeding 25 lakh recoverable from the employee.
In cities having a population 10% of salary minus rent
exceeding 10 lakh but not recoverable from the employee.
exceeding 25 lakh
In other cities 7½% of salary minus rent
recoverable from employee.
Accommodation taken on lease Rent paid by the employer or
by the employer 15% of salary, whichever is lower,
minus rent recoverable from the
employee.
(ii) In case of furnished accommodation provided to employees other than
Government employees –
The difference between hire charges paid or 10% p.a. of cost of furniture, as the
case may be, and the charges paid or payable by the employee would be added
to the value determined in column (2) above for determining whether there is a
concession in the matter of rent.
(iii) In case of Government employees-
The excess of licence fees determined by the employer as increased by hire
charges paid or 10% p.a. of cost of furniture, as the case may be, over and above
the rent recovered/recoverable from the employee and the charges paid or
payable for furniture by the employee would be deemed to be the concession in
the matter of rent.
(iv) In case the accommodation is provided by any employer, whether
Government or any other employer, in a hotel-
The difference between the actual charges paid to hotel or 24% of salary,
whichever is lower, and rent recovered/recoverable from the employee would be
deemed to be the concession in the matter of rent.
However, where the employee is provided such accommodation for a period not
exceeding in aggregate fifteen days on his transfer from one place to another,
there would be no perquisite.
Note – Once there is a deemed concession, the provisions of Rule 3(1) discussed
above would be applicable in computing the taxable perquisite.
Meaning of Salary
“Salary” includes pay, allowances, bonus or commission payable monthly or otherwise
or any monetary payment, by whatever name called, from one or more employers,
as the case may be. However, it does not include the following, namely–
(1) dearness allowance or dearness pay unless it enters into the computation of
superannuation or retirement benefits of the employee concerned;
(2) employer’s contribution to the provident fund account of the employee;
(3) allowances which are exempted from the payment of tax;
(4) value of the perquisites specified in section 17(2);
(5) any payment or expenditure specifically excluded under the proviso to section
17(2) i.e., medical expenditure/payment of medical insurance premium specified
therein.
ILLUSTRATION 14
Mr. C is a Finance Manager in ABC Ltd. The company has provided him with rent-free
unfurnished accommodation in Mumbai. He gives you the following particulars:
Basic salary ` 6,000 p.m.
Dearness Allowance ` 2,000 p.m. (30% is for retirement benefits)
Bonus ` 1,500 p.m.
Even though the company allotted the house to him on 1.4.2017, he occupied the same
only from 1.11.2017. Calculate the taxable value of the perquisite for A.Y.2018-19.
SOLUTION
Value of the rent free unfurnished accommodation
= 15% of salary for the relevant period
= 15% of [(` 6000 × 5) + (` 2,000 × 30% × 5) + (` 1,500 × 5)] [See Note below]
= 15% of ` 40,500 = ` 6,075.
Note: Since, Mr. C occupies the house only from 1.11.2017, we have to include the salary
due to him only in respect of months during which he has occupied the accommodation.
Hence salary for 5 months (i.e. from 1.11.2017 to 31.03.2018) will be considered.
ILLUSTRATION 15
Using the data given in the previous illustration 14, compute the value of the perquisite
if Mr. C is required to pay a rent of ` 1,000 p.m. to the company, for the use of this
accommodation.
SOLUTION
First of all, we have to see whether there is a concession in the matter of rent. In the case
of accommodation owned by the employer in cities having a population exceeding 25
© The Institute of Chartered Accountants of India
4.52 INCOME TAX LAW
lakh, there would be deemed to be a concession in the matter of rent if 15% of salary
exceeds rent recoverable from the employee.
In this case, 15% of salary would be ` 6,075 (i.e. 15% of ` 40,500). The rent paid by the
employee is ` 5,000 (i.e., ` 1,000 x 5). Since 15% of salary exceeds the rent recovered
from the employee, there is a deemed concession in the matter of rent. Once there is
a deemed concession, the provisions of Rule 3(1) would be applicable in computing
the taxable perquisite.
Value of the rent free unfurnished accommodation = ` 6,075
Less: Rent paid by the employee (` 1,000 × 5) = ` 5,000
Perquisite value of unfurnished accommodation
given at concessional rent = ` 1,075
ILLUSTRATION 16
Using the data given in illustration 14, compute the value of the perquisite if ABC Ltd. has
taken this accommodation on a lease rent of ` 1,200 p.m. and Mr. C is required to pay a
rent of ` 1,000 p.m. to the company, for the use of this accommodation.
SOLUTION
Here again, we have to see whether there is a concession in the matter of rent. In the
case of accommodation taken on lease by the employer, there would be deemed to
be a concession in the matter of rent if the rent paid by the employer or 15% of salary,
whichever is lower, exceeds rent recoverable from the employee.
In this case, 15% of salary is ` 6,075 (i.e. 15% of ` 40,500). Rent paid by the employer is
` 6,000 (i.e. ` 1,200 x 5). The lower of the two is ` 6,000, which exceeds the rent paid by
the employee i.e. ` 5,000 (` 1,000 x 5). Therefore, there is a deemed concession in the
matter of rent. Once there is a deemed concession, the provisions of Rule 3(1) would
be applicable in computing the taxable perquisite.
Value of the rent free unfurnished accommodation [Note] = ` 6,000
Less: Rent paid by the employee (` 1,000 × 5) = ` 5,000
Value of unfurnished accommodation given at concessional rent = ` 1,000
Note : Value of the rent free unfurnished accommodation is lower of
(i) Lease rent paid by the company for relevant period= ` 1,200 × 5 = ` 6,000
(ii) 15% of salary for the relevant period (computed earlier) = ` 6,075
ILLUSTRATION 17
Using the data given in illustration 14, compute the value of the perquisite if ABC Ltd.
has provided a television (WDV ` 10,000; Cost ` 25,000) and two air conditioners. The
rent paid by the company for the air conditioners is ` 400 p.m. each. The television was
provided on 1.1.2018. However, Mr. C is required to pay a rent of ` 1,000 p.m. to the
company, for the use of this furnished accommodation.
© The Institute of Chartered Accountants of India
HEADS OF INCOME 4.53
SOLUTION
Here again, we have to see whether there is a concession in the matter of rent. In
the case of accommodation owned by the employer in a city having a population
exceeding ` 25 lakh, there would be deemed to be a concession in the matter of rent
if 15% of salary exceeds rent recoverable from the employee. In case of furnished
accommodation, the excess of hire charges paid or 10% p.a. of the cost of furniture, as
the case may be, over and above the charges paid or payable by the employee has to
be added to the value arrived at above to determine whether there is a concession in
the matter of rent.
In this case, 15% of salary is ` 6,075 (i.e. 15% of ` 40,500). The rent paid by the employee
is ` 5,000 (i.e. ` 1,000 x 5). The value of furniture of ` 4,625 (see Note below) is to be
added to 15% of salary. The deemed concession in the matter of rent is ` 6,075 + ` 4,625-
` 5,000 = ` 5,700. Once there is a deemed concession, the provisions of Rule 3(1)
would be applicable in computing the taxable perquisite.
Value of the rent free unfurnished accommodation(computed earlier) = ` 6,075
Add: Value of furniture provided by the employer [Note] = ` 4,625
Value of rent free furnished accommodation = ` 10,700
Less: Rent paid by the employee (` 1,000 × 5) = ` 5,000
Value of furnished accommodation given at concessional rent = ` 5,700
Note : Value of the furniture provided = (` 400 p.m. × 2 × 5 months) + (` 25,000 × 10%
p.a. for 3 months) =` 4,000 + ` 625 = ` 4,625
ILLUSTRATION 18
Using the data given in illustration 17 above, compute the value of the perquisite if Mr.
C is a government employee. The licence fees determined by the Government for this
accommodation was ` 700 p.m.
SOLUTION
In the case of Government employees, the excess of licence fees determined by
the employer as increased by the value of furniture and fixture over and above the
rent recovered/ recoverable from the employee and the charges paid or payable for
furniture by the employee would be deemed to be the concession in the matter of rent.
Therefore, the deemed concession in the matter of rent is ` 3,125 [i.e. ` 3,500 (licence
fees: ` 700 x 5) + ` 4,625 (Value of furniture) – ` 5,000 (` 1,000 × 5)]. Once there is a
deemed concession, the provisions of Rule 3(1) would be applicable in computing the
taxable perquisite.
Value of the rent free unfurnished accommodation (` 700 × 5) = ` 3,500
Add: Value of furniture provided by the employer (computed earlier) = ` 4,625
Value of rent free furnished accommodation = ` 8,125
any, paid or recovered from the employee for such benefit or amenity.
(iii) Free or concessional food and non-alcoholic beverages [Sub-rule 7(iii) of
Rule 3]
(a) The value of free food and non-alcoholic beverages provided by the
employer to an employee shall be the amount of expenditure incurred by
such employer. The amount so determined shall be reduced by the amount,
if any, paid or recovered from the employee for such benefit or amenity:
(b) However, the following would not be treated as a perquisite -
(1) free food and non-alcoholic beverages provided by such employer
during
• working hours at office or business premises or
• through paid vouchers which are not transferable and usable
only at eating joints,
to the extent the value thereof either case does not exceed fifty rupees
per meal or
(2) tea or snacks provided during working hours or
(3) free food and non-alcoholic beverages during working hours provided
in a remote area or an off-shore installation.
(iv) Value of gift, voucher or token in lieu of such gift [Sub-rule 7(iv) of Rule 3]
(a) The value of any gift, or voucher, or token in lieu of which such gift may be
received by the employee or by member of his household on ceremonial
occasions or otherwise from the employer shall be determined as the sum
equal to the amount of such gift:
(b) However, if the value of such gift, voucher or token, as the case may be,
is below ` 5,000 in the aggregate during the previous year, the value of
perquisite shall be taken as ‘Nil’.
(v) Credit card expenses [Sub-rule 7(v) of Rule 3]
(a) The amount of expenses including membership fees and annual fees
incurred by the employee or any member of his household, which is charged
to a credit card (including any add-on-card) provided by the employer, or
otherwise, paid for or reimbursed by such employer shall be taken to be the
value of perquisite chargeable to tax as reduced by the amount, if any paid
or recovered from the employee for such benefit or amenity.
(b) However, such expenses incurred wholly and exclusively for official purposes
would not be treated as a perquisite if the following conditions are fulfilled.
(1) complete details in respect of such expenditure are maintained by the
employer which may, inter alia, include the date of expenditure and
the nature of expenditure;
© The Institute of Chartered Accountants of India
4.62 INCOME TAX LAW
(2) the employer gives a certificate for such expenditure to the effect that
the same was incurred wholly and exclusively for the performance of
official duties.
(vi) Club expenditure [Sub-rule 7(vi) of Rule 3]
(a) The value of benefit to the employee resulting from the payment or
reimbursement by the employer of any expenditure incurred (including the
amount of annual or periodical fee) in a club by him or by a member of
his household shall be determined to be the actual amount of expenditure
incurred or reimbursed by such employer on that account. The amount so
determined shall be reduced by the amount, if any, paid or recovered from
the employee for such benefit or amenity.
However, where the employer has obtained corporate membership of the
club and the facility is enjoyed by the employee or any member of his
household, the value of perquisite shall not include the initial fee paid for
acquiring such corporate membership.
(b) Further, if such expenditure is incurred wholly and exclusively for business
purposes, it would not be treated as a perquisite provided the following
conditions are fulfilled:-
(1) complete details in respect of such expenditure are maintained by the
employer which may, inter alia, include the date of expenditure, the
nature of expenditure and its business expediency;
(2) the employer gives a certificate for such expenditure to the effect that
the same was incurred wholly and exclusively for the performance of
official duties.
(c) There would be no perquisite for use of health club, sports and similar
facilities provided uniformly to all employees by the employer.
(vii) Use of moveable assets [Sub-rule 7(vii) of Rule 3]
Value of perquisite is determined as under:
Asset given Value of benefit
(a) Use of laptops and computers Nil
(b) Movable assets, other than - 10% p.a. of the actual cost of such
(i) laptops and computers; and asset, or the amount of rent or charge
(ii) assets already specified paid, or payable by the employer, as
the case may be
Note: Where the employee is paying any amount in respect of such asset, the
amount so paid shall be deducted from the value of perquisite determined above.
ILLUSTRATION 20
Mr. X retired from the services of M/s Y Ltd. on 31.01.2018, after completing service of 30
years and one month. He had joined the company on 1.1.1988 at the age of 30 years and
received the following on his retirement:
(i) Gratuity ` 6,00,000. He was covered under the Payment of Gratuity Act, 1972.
(ii) Leave encashment of ` 3,30,000 for 330 days leave balance in his account. He was
credited 30 days leave for each completed year of service.
(iii) As per the scheme of the company, he was offered a car which was purchased on
01.02.2015 by the company for ` 5,00,000. Company has recovered ` 2,00,000 from
him for the car. Company depreciates the vehicles at the rate of 15% on Straight
Line Method.
(iv) An amount of ` 3,00,000 as commutation of pension for 2/3 of his pension
commutation.
(v) Company presented him a gift voucher worth ` 6,000 on his retirement.
(vi) His colleagues also gifted him a Television (LCD) worth ` 50,000 from their own
contribution.
Following are the other particulars:
(i) He has drawn a basic salary of ` 20,000 and 50% dearness allowance per month
for the period from 01.04.2017 to 31.01.2018.
(ii) Received pension of ` 5,000 per month for the period 01.02.2018 to 31.03.2018
after commutation of pension.
Compute his gross total income from the above for Assessment Year 2018-19.
SOLUTION
Computation of Gross Total Income of Mr. X for A.Y. 2018-19
Particulars `
Basic Salary = ` 20,000 x 10 2,00,000
Dearness Allowance = 50% of basic salary 1,00,000
Gift Voucher (See Note - 1) 6,000
Transfer of car (See Note - 2) 56,000
Gratuity (See Note - 3) 80,769
Leave encashment (See Note - 4) 1,30,000
Uncommuted pension (` 5000 x 2) 10,000
Commuted pension (See Note - 5) 1,50,000
Taxable Salary /Gross Total Income 7,32,769
Notes:
(1) As per Rule 3(7)(iv), the value of any gift or voucher or token in lieu of gift
received by the employee or by member of his household not exceeding ` 5,000
in aggregate during the previous year is exempt. In this case, the amount was
received on his retirement and the sum exceeds the limit of ` 5,000.
Therefore, the entire amount of ` 6,000 is liable to tax as perquisite.
Note - An alternate view possible is that only the sum in excess of ` 5,000 is taxable
in view of the language of Circular No.15/2001 dated 12.12.2001 that such gifts upto
` 5,000 in the aggregate per annum would be exempt, beyond which it would be
taxed as a perquisite. As per this view, the value of perquisite would be ` 1,000 and
gross taxable income would be ` 7,27,769.
(2) Perquisite value of transfer of car: As per Rule 3(7)(viii), the value of benefit
to the employee, arising from the transfer of an asset, being a motor car, by the
employer is the actual cost of the motor car to the employer as reduced by 20%
of such cost for each completed year during which such motor car was put to use
by the employer on a written down value basis. Therefore, the value of perquisite
on transfer of motor car, in this case, would be:
Particulars `
Purchase price (1.2.2015) 5,00,000
Less: Depreciation @ 20% 1,00,000
WDV on 31.1.2016 4,00,000
Less: Depreciation @ 20% 80,000
WDV on 31.1.2017 3,20,000
Less: Depreciation @ 20% 64,000
WDV on 31.1.2018 2,56,000
Less: Amount recovered 2,00,000
Value of perquisite 56,000
The rate of 15% as well as the straight line method adopted by the company for
depreciation of vehicle is not relevant for calculation of perquisite value of car in
the hands of Mr. X.
(3) Taxable gratuity
Particulars `
Gratuity received 6,00,000
Less : Exempt under section 10(10) - Least of the following:
(i) Notified limit = ` 10,00,000
(ii) Actual gratuity = ` 6,00,000
(iii) 15/26 x ` 30,000 x 30 = ` 5,19,231 5,19,231
Taxable Gratuity 80,769
(4) Taxable leave encashment
Particulars `
Leave Salary received 3,30,000
Less : Exempt under section 10(10AA) - Least of the
following:
(i) Notified limit ` 3,00,000
(ii) Actual leave salary ` 3,30,000
(iii) 10 months x ` 20,000 ` 2,00,000
(assuming that dearness allowance does not form part of
pay for retirement benefit)
Particulars `
(iv) Cash equivalent of leave to his credit ` 2,20,000
2,00,000
computed at ` 900 per month and for Ashok at ` 1,200 per month. No amount was
recovered by the company for such education facility from Bala.
(iii) The employer has provided movable assets such as television, refrigerator and air-
conditioner at the residence of Bala. The actual cost of such assets provided to the
employee is ` 1,10,000.
(iv) A gift voucher worth ` 10,000 was given on the occasion of his marriage anniversary.
It is given by the company to all employees above certain grade.
(v) Telephone provided at the residence of Shri Bala and the bill aggregating to
` 25,000 paid by the employer.
(vi) Housing loan @ 6% per annum. Amount outstanding on 1.4.2017 is ` 6,00,000.
Shri Bala pays ` 12,000 per month towards principal, on 5th of each month.
Compute the chargeable perquisite in the hands of Mr. Bala for the A.Y. 2018-19.
The lending rate of State Bank of India as on 1.4.2017 for housing loan may be taken as
10%.
SOLUTION
Taxability of perquisites provided by ABC Co. Ltd. to Shri Bala
(i) Domestic servant was employed by the employee and the salary of such domestic
servant was paid/reimbursed by the employer. It is taxable as perquisite for all
categories of employees.
Taxable perquisite value = ` 1,500 × 12 = ` 18,000.
If the company had employed the domestic servant and the facility of such servant
is given to the employee, then the perquisite is taxable only in the case of specified
employees. The value of the taxable perquisite in such a case also would be
` 18,000.
(ii) Where the educational institution is owned by the employer, the value of
perquisite in respect of free education facility shall be determined with reference
to the reasonable cost of such education in a similar institution in or near the
locality. However, there would be no perquisite if the cost of such education per
child does not exceed ` 1,000 per month.
Therefore, there would be no perquisite in respect of cost of free education provided
to his child Arthy, since the cost does not exceed ` 1,000 per month.
However, the cost of free education provided to his child Ashok would be taxable,
since the cost exceeds ` 1,000 per month. The taxable perquisite value would be
` 14,400 (` 1,200 × 12).
Note – An alternate view possible is that only the sum in excess of ` 1,000 per
month is taxable .In such a case, the value of perquisite would be ` 2,400.
(iii) Where the employer has provided movable assets to the employee or any
member of his household, 10% per annum of the actual cost of such asset owned
or the amount of hire charges incurred by the employer shall be the value of
perquisite. However, this will not apply to laptops and computers. In this case, the
movable assets are television, refrigerator and air conditioner and actual cost of
such assets is ` 1,10,000.
The perquisite value would be 10% of the actual cost i.e., ` 11,000, being 10% of
` 1,10,000.
(iv) The value of any gift or voucher or token in lieu of gift received by the employee
or by member of his household not exceeding ` 5,000 in aggregate during the
previous year is exempt. In this case, the amount was received on the occasion of
marriage anniversary and the sum exceeds the limit of ` 5,000.
Therefore, the entire amount of ` 10,000 is liable to tax as perquisite.
Note- An alternate view possible is that only the sum in excess of ` 5,000 is taxable
in view of the language of Circular No.15/2001 dated 12.12.2001 that such gifts upto
` 5,000 in the aggregate per annum would be exempt, beyond which it would be
taxed as a perquisite. As per this view, the value of perquisite would be ` 5,000.
(v) Telephone provided at the residence of the employee and payment of bill by the
employer is a tax free perquisite.
(vi) The value of the benefit to the assessee resulting from the provision of interest-
free or concessional loan made available to the employee or any member of his
household during the relevant previous year by the employer or any person on
his behalf shall be determined as the sum equal to the interest computed at the
rate charged per annum by the State Bank of India (SBI) as on the 1st day of the
relevant previous year in respect of loans for the same purpose advanced by it.
This rate should be applied on the maximum outstanding monthly balance and
the resulting amount should be reduced by the interest, if any, actually paid by
him.
“Maximum outstanding monthly balance” means the aggregate outstanding
balance for loan as on the last day of each month.
The perquisite value for computation is 10% - 6% = 4%
Month Maximum outstanding Perquisite value at
balance as on last date of 4% for the month
month (`) (`)
April, 2017 5,88,000 1,960
May, 2017 5,76,000 1,920
June, 2017 5,64,000 1,880
July, 2017 5,52,000 1,840
perquisite shall be the fair market value of such shares on the date on which the
option is exercised by the assessee as reduced by the amount actually paid by, or
recovered from, the assessee in respect of such shares.
Particulars `
Fair market value of 1000 sweat equity shares @ ` 300 each 3,00,000
Less: Amount recovered from Sri Chand 1000 shares @ ` 200 2,00,000
each
Value of perquisite of sweat equity shares allotted to Sri 1,00,000
Chand
(ii) As per section 49(2AA),where capital gain arises from transfer of sweat equity
shares, the cost of acquisition of such shares shall be the fair market value which
has been taken into account for perquisite valuation under section 17(2)(vi). (The
provisions of section 49 are discussed in Unit 4: Capital Gains of this chapter)
Therefore, in case of subsequent sale of sweat equity shares by Sri Chand, the
cost of acquisition would be ` 3,00,000.
(J) Valuation of specified security not being an equity share in a company for
the purpose of section 17(2)(vi) [Sub-rule (9)]
The fair market value of any specified security, not being an equity share in a company,
on the date on which the option is exercised by the employee, shall be such value as
determined by a merchant banker on the specified date.
For this purpose, “specified date” means,—
(i) the date of exercising of the option; or
(ii) any date earlier than the date of the exercising of the option, not being a date
which is more than 180 days earlier than the date of the exercising.
Definitions for the purpose of perquisite rules -
The following definitions are relevant for applying the perquisite valuation rules -
Term Meaning
Member of shall include-
household (a) spouse(s),
(b) children and their spouses,
(c) parents, and
(d) servants and dependants;
Term Meaning
Salary includes the pay, allowances, bonus or commission payable monthly
or otherwise or any monetary payment, by whatever name called
from one or more employers, as the case may be, but does not
include the following, namely:-
(a) dearness allowance or dearness pay unless it enters into the
computation of superannuation or retirement benefits of the
employee concerned;
(b) employer’s contribution to the provident fund account of the
employee;
(c) allowances which are exempted from payment of tax;
(d) the value of perquisites specified in clause (2) of section 17 of the
Income-tax Act;
(e) any payment or expenditure specifically excluded under proviso
to sub-clause (iii) of clause (2) or proviso to clause (2) of section
17;
(f) lump-sum payments received at the time of termination of
service or superannuation or voluntary retirement, like gratuity,
severance pay, leave encashment, voluntary retrenchment
benefits, commutation of pension and similar payments;
ILLUSTRATION 23
X Ltd. provided the following perquisites to its employee Mr. Y for the P.Y. 2017-18 –
(1) Accommodation taken on lease by X Ltd. for ` 15,000 p.m. ` 5,000 p.m. is recovered
from the salary of Mr. Y.
(2) Furniture, for which the hire charges paid by X Ltd. is ` 3,000 p.m. No amount is
recovered from the employee in respect of the same.
(3) A Santro Car which is owned by X Ltd. and given to Mr. Y to be used both for official
and personal purposes. All running and maintenance expenses are fully met by the
employer. He is also provided with a chauffeur.
(4) A gift voucher of ` 10,000 on his birthday.
Compute the value of perquisites chargeable to tax for the A.Y. 2018-19, assuming his
salary for perquisite valuation to be ` 10 lakh.
SOLUTION
Computation of the value of perquisites chargeable to tax in the hands of Mr. Y
for the A.Y.2018-19
Particulars Amount in `
(1) Value of concessional accommodation
Actual amount of lease rental paid by X 1,80,000
Ltd.
15% of salary i.e., 15% of ` 10,00,000 1,50,000
Lower of the above 1,50,000
Less: Rent paid by Mr. Y (` 5,000 × 12) 60,000
90,000
Add: Hire charges paid by X Ltd. for
furniture provided for the use of Mr. Y 36,000 1,26,000
(` 3,000 × 12)
(2) Perquisite value of Santro car owned
by X Ltd. and provided to Mr. Y for his 32,400
personal and official use [(` 1,800 +
` 900) × 12]
(3) Value of gift voucher 10,000
Value of perquisites chargeable to tax 1,68,400
(K) Medical facilities (Proviso to section 17(2)
The following medical facilities will not amount to a perquisite:
(i) Value of medical treatment in any hospital maintained by the employer: The
value of any medical treatment provided to an employee or any member of his
family in any hospital maintained by the employer;
(ii) Reimbursement of expenditure actually incurred on medical treatment: Any
sum paid by the employer in respect of any expenditure actually incurred by the
employee on his medical treatment or treatment of any member of his family
• in any hospital maintained by the Government/local authority/any other
hospital approved by the Government for the purpose of medical treatment
of its employees;
stay abroad will be exempt only to the extent permitted by the RBI.
2. The expenses in respect of traveling of the patient and the attendant will be
exempt if the employee’s gross total income as computed before including
the said expenditure does not exceed ` 2 lakh.
Note: For this purpose, family means spouse and children of the individual. Children
may be dependent or independent, married or unmarried. It also includes parents,
brothers and sisters of the individual if they are wholly or mainly dependent upon him.
ILLUSTRATION 24
Compute the taxable value of the perquisite in respect of medical facilities received by Mr.
G from his employer during the P.Y. 2017-18:
Medical premium paid for insuring health of Mr. G ` 7,000
Treatment of Mr. G by his family doctor ` 5,000
Treatment of Mrs. G in a Government hospital ` 25,000
Treatment of Mr. G’s grandfather in a private clinic ` 12,000
Treatment of Mr. G’s mother (68 years and dependant) by family doctor ` 8,000
Treatment of Mr. G’s sister (dependant) in a nursing home ` 3,000
Treatment of Mr. G’s brother (independent) ` 6,000
Treatment of Mr. G’s father (75 years and dependant) abroad ` 50,000
Expenses of staying abroad of the patient and ` 30,000
Limit specified by RBI ` 75,000
SOLUTION
Computation of taxable value of perquisite in the hands of Mr. G
Particulars ` `
Treatment of Mrs. G in a Government hospital -
Treatment of Mr. G’s father (75 years and dependant) 50,000
abroad
Expenses of staying abroad of the patient and 30,000
attendant
80,000
Less: Exempt up to limit specified by RBI 75,000 5,000
Medical premium paid for insuring health of Mr. G -
Treatment of Mr. G by his family doctor 5,000
Treatment of Mr. G’s mother (dependant) by family 8,000
doctor
Particulars ` `
Treatment of Mr. G’s sister (dependant) in a nursing 3,000
home
16,000
Less: Exempt upto ` 15,000 15,000 1,000
Add: Treatment of Mr. G’s grandfather in a private 12,000
clinic
Add: Treatment of Mr. G’s brother (independent) 6,000
Taxable value of perquisite 24,000
Note: Grandfather and independent brother are not included within the meaning of
family of Mr. G.
ILLUSTRATION 25
Ms. Rakhi is an employee in a private company. She receives the following medical
benefits from the company during the previous year 2017-18:
Particulars `
1 Reimbursement of following medical expenses incurred by Ms.
Rakhi
(A) On treatment of her self employed daughter in a private 4,000
clinic
(B) On treatment of herself by family doctor 8,000
(C) On treatment of her mother-in-law dependent on her, in a 5,000
nursing home
2 Payment of premium on Mediclaim Policy taken on her health 7,500
3 Medical Allowance 2,000 per
month
4 Medical expenses reimbursed on her son’s treatment in a 5,000
government hospital
5 Expenses incurred by company on the treatment of her minor son 1,05,000
abroad
6 Expenses in relation to foreign travel and stay of Rakhi and her 1,20,000
son abroad for medical treatment
(Limit prescribed by RBI for this is ` 2,00,000)
Discuss about the taxability of above benefits and allowances in the hands of Rakhi.
SOLUTION
Tax treatment of medical benefits, allowances and mediclaim premium in the
hands of Ms. Rakhi for A.Y. 2018-19
Particulars
1. Reimbursement of medical expenses incurred by Ms. Rakhi
(A) The amount of ` 4,000 reimbursed by her employer for treatment of her
self-employed daughter in a private clinic qualifies for exclusion from
perquisite, subject a maximum of ` 15,000 as per clause (v) of the first
proviso to section 17(2), since daughter falls within the definition of “family”,
even though she is not a dependent. As per the definition of family, the
condition of dependency is relevant only for parents, brothers and sisters
of the individual and not for spouse and children.
(B) The amount of ` 8,000 reimbursed by the employer for treatment of Ms.
Rakhi by family doctor qualifies for exclusion from perquisite, subject to a
maximum of ` 15,000 under clause (v) of the first proviso to section 17(2).
(C) The amount of ` 5,000 reimbursed by her employer for treatment of
her dependant mother-in-law in a nursing home does not qualify for
exclusion upto ` 15,000, since mother-in-law does not fall within the
definition of “family”, even though she is dependent on Ms. Rakhi.
Therefore, the aggregate sum of ` 12,000, specified in (A) and (B) above,
reimbursed by the employer would be excluded from perquisite [since the same
is less than the maximum permissible limit of ` 15,000]. However, the sum of
` 5,000 specified in (C) above is a taxable perquisite.
2. Medical insurance premium of ` 7,500 paid by the employer for insuring health
of Ms. Rakhi is an exempt perquisite as per clause (iii) of the first proviso to
section 17(2).
3. Medical allowance of ` 2,000 per month i.e., ` 24,000 p.a. is a fully taxable
allowance.
4. As per clause (ii)(a) of the first proviso to section 17(2), reimbursement of
medical expenses of ` 5,000 on her son’s treatment in a hospital maintained by
the Government is an exempt perquisite.
5. As per clause (vi) of the first proviso to section 17(2), the following expenditure
& incurred by the employer would be excluded from perquisite subject to certain
6. conditions –
(i) Expenditure on medical treatment of the employee, or any member of the
family of such employee, outside India [` 1,05,000, in this case];
(ii) Expenditure on travel and stay abroad of the employee or any member of
the family of such employee for medical treatment and one attendant who
accompanies the patient in connection with such treatment [` 1,20,000, in
this case].
© The Institute of Chartered Accountants of India
4.78 INCOME TAX LAW
Particulars
The conditions subject to which the above expenditure would be exempt are as
follows -
(i) The expenditure on medical treatment and stay abroad would be excluded
from perquisite to the extent permitted by Reserve Bank of India;
(ii) The expenditure on travel would be excluded from perquisite only in the case
of an employee whose gross total income, as computed before including the
said expenditure, does not exceed ` 2 lakh.
Assuming that the limit of ` 2 lakh prescribed by RBI pertains to both expenditure
on medical treatment of minor son as well as expenditure on stay abroad of Ms.
Rakhi and her minor son, such expenditure would be excluded from perquisite
subject to a maximum of ` 2 lakh. If such expenditure is less than ` 2 lakh, it
would be fully excluded. The foreign travel expenditure of Ms. Rakhi and her
minor son borne by the employer would be excluded from perquisite only if
the gross total income of Ms. Rakhi, as computed before including the said
expenditure, does not exceed ` 2 lakh.
(L) Payment of premium on personal accident insurance policies
If an employer takes personal accident insurance policies on the lives of employees
and pays the insurance premium, no immediate benefit would become payable and
benefit will accrue at a future date only if certain events take place.
Moreover, the employers would be taking such policy in their business interest only,
so as to indemnify themselves from payment of any compensation. Therefore, the
premium so paid will not constitute a taxable perquisite in the employees’ hands3.
Particulars ` `
Less: Deductions under section 16
- under section 16(ii)Entertainment allowance being
lower of :
(a) Allowance received 4,000
(b) One fifth of basic salary [1/5 × ` 40,000] 8,000
(c) Statutory amount 5,000 4,000
- under section 16(iii) Professional tax paid 3,000
Income from Salary 74,000
Note: Employee’s contribution to RPF is not taxable. It is eligible for deduction u/s 80C.
ILLUSTRATION 28
Mr. X is employed with AB Ltd. on a monthly salary of ` 25,000 per month and an
entertainment allowance and commission of ` 1,000 p.m. each. The company provides
him with the following benefits:
1. A company owned accommodation is provided to him in Delhi. Furniture costing
` 2,40,000 was provided on 1.8.2017.
2. A personal loan of ` 5,00,000 on 1.7.2017 on which it charges interest @ 6.75% p.a.
The entire loan is still outstanding. (Assume SBI rate of interest to be 12.75% p.a.)
3. His son is allowed to use a motor cycle belonging to the company. The company
had purchased this motor cycle for ` 60,000 on 1.5.2014. The motor cycle was
finally sold to him on 1.8.2017 for ` 30,000.
4. Professional tax paid by Mr. X is ` 2,000.
Compute the income from salary of Mr. X for the A.Y. 2018-19.
SOLUTION
Computation of Income from Salary of Mr. X for the A.Y.2018-19
Particulars ` `
Basic salary [` 25,000 × 12] 3,00,000
Commission [` 1,000 × 12] 12,000
Entertainment allowance [` 1,000 × 12] 12,000
Rent free accommodation [Note 1] 48,600
Add : Value of furniture [` 2,40,000 × 10% p.a. for 8 16,000 64,600
months]
Interest on personal loan [Note 2] 22,500
Use of motor cycle [` 60,000 × 10% p.a. for 4 months] 2,000
Transfer of motor cycle [Note 3] 12,000
Gross Salary 4,25,100
Less: Deduction under section 16(iii)
Professional tax paid 2,000
Income from Salary 4,23,100
Note 1: Value of rent free unfurnished accommodation
= 15% of salary for the relevant period
= 15% of (` 3,00,000 + ` 12,000 + ` 12,000) = ` 48,600
Note 2: Value of perquisite for interest on personal loan
= [` 5,00,000 × (12.75% - 6.75%) for 9 months] = ` 22,500
Compute the salary income chargeable to tax in the hands of Mr. Balaji for the assessment
year 2018-19.
Answer
Computation of Taxable Salary of Mr. Balaji for A.Y. 2018-19
Particulars `
Basic salary [(` 50,000 × 7) + (` 60,000 × 5)] 6,50,000
Dearness Allowance (40% of basic salary) 2,60,000
Bonus (` 50,000 + 40% of ` 50,000) (See Note 1) 70,000
Employers contribution to recognised provident fund in excess of 26,000
12% of salary = 4% of ` 6,50,000 (See Note 4)
Professional tax paid by employer 2,000
Perquisite of Motor Car (` 2,400 for 5 months) (See Note 5) 12,000
Gross Salary 10,20,000
Less: Deduction under section 16
Professional tax (See Note 6) 3,000
Taxable Salary 10,17,000
Notes:
1. Since bonus was paid in the month of October, the basic salary of ` 50,000 for the
month of October is considered for its calculation.
2. As per Rule 3(7)(vii), facility of use of laptop and computer is an exempt perquisite,
whether used for official or personal purpose or both.
3. Mr. Balaji can avail exemption under section 10(5) on the entire amount of
` 75,000 reimbursed by the employer towards Leave Travel Concession since the
same was availed for himself, his wife and three children and the journey was
undertaken by economy class airfare. The restriction imposed for two children
is not applicable in case of multiple births which take place after the first child.
It is assumed that the Leave Travel Concession was availed for journey within
India.
4. It is assumed that dearness allowance does not form part of salary for computing
retirement benefits.
5. As per the provisions of Rule 3(2), in case a motor car (engine cubic capacity
exceeding 1.60 liters) owned by the employer is provided to the employee
without chauffeur for personal as well as office use, the value of perquisite shall
be ` 2,400 per month. The car was provided to the employee from 01.11.2017,
therefore the perquisite value has been calculated for 5 months.
6. As per section 17(2)(iv), a “perquisite” includes any sum paid by the employer in
© The Institute of Chartered Accountants of India
4.86 INCOME TAX LAW
respect of any obligation which, but for such payment, would have been payable
by the assessee. Therefore, professional tax of ` 2,000 paid by the employer is
taxable as a perquisite in the hands of Mr. Balaji. As per section 16(iii), a deduction
from the salary is provided on account of tax on employment i.e. professional tax
paid during the year.
Therefore, in the present case, the professional tax paid by the employer on
behalf of the employee ` 2,000 is first included in the salary and deduction of the
entire professional tax of ` 3,000 is provided from salary.
Question 2
From the following details, find out the salary chargeable to tax for the A.Y. 2018-19 -
Mr. X is a regular employee of Rama & Co., in Gurgaon. He was appointed on 1.1.2017 in
the scale of ` 20,000 - ` 1,000 - ` 30,000. He is paid 10% D.A. & Bonus equivalent to one
month pay based on salary of March every year. He contributes 15% of his pay and D.A.
towards his recognized provident fund and the company contributes the same amount.
He is provided free housing facility which has been taken on rent by the company at
` 10,000 per month. He is also provided with following facilities:
(i) Facility of laptop costing ` 50,000.
(ii) Company reimbursed the medical treatment bill of his brother of ` 25,000, who is
dependent on him.
(iii) The monthly salary of ` 1,000 of a house keeper is reimbursed by the company.
(iv) A gift voucher of ` 10,000 on the occasion of his marriage anniversary.
(v) Conveyance allowance of ` 1,000 per month is given by the company towards
actual reimbursement.
(vi) He is provided personal accident policy for which premium of ` 5,000 is paid by the
company.
(vii) He is getting telephone allowance @ ` 500 per month.
(viii) Company pays medical insurance premium of his family of ` 10,000.
Answer
Computation of taxable salary of Mr. X for A.Y. 2018-19
Particulars `
Basic pay [(` 20,000×9) + (` 21,000×3)] = ` 1,80,000 + ` 63,000 2,43,000
Dearness allowance [10% of basic pay] 24,300
Bonus 21,000
Employer’s contribution to Recognized Provident Fund in excess of
12% (15%-12% =3% of ` 2,67,300) [See Note 1 below] 8,019
Taxable allowances
Particulars `
Telephone allowance 6,000
Taxable perquisites
Rent-free accommodation [See Note 1 & 2 below] 44,145
Medical reimbursement (` 25,000 - ` 15,000) [See Note 4 below] 10,000
Reimbursement of salary of housekeeper 12,000
Gift voucher [See Note 6 below] 10,000
Salary income chargeable to tax 3,78,464
Notes:
1. It has been assumed that dearness allowance forms part of salary for retirement
benefits and accordingly, the perquisite value of rent-free accommodation and
employer’s contribution to recognized provident fund have been worked out.
2. Where the accommodation is taken on lease or rent by the employer, the value
of rent-free accommodation provided to employee would be actual amount of
lease rental paid or payable by the employer or 15% of salary, whichever is lower.
For the purposes of valuation of rent free house, salary includes:
(i) Basic salary i.e., ` 2,43,000
(ii) Dearness allowance (assuming that it is included for calculating retirement
benefits) i.e. ` 24,300
(iii) Bonus i.e., ` 21,000
(iv) Telephone allowance i.e., ` 6,000
Therefore, salary works out to
` 2,43,000 + ` 24,300 + ` 21,000 + ` 6,000 = ` 2,94,300.
15% of salary = ` 2,94,300 × 15/100 = ` 44,145
Value of rent-free house = Lower of rent paid by the employer (i.e. ` 1,20,000) or
15% of salary (i.e., ` 44,145).
Therefore, the perquisite value is ` 44,145.
3. Facility of use of laptop is not a taxable perquisite.
4. Clause (v) of the proviso to section 17(2) exempts any sum paid by the employer
in respect of any expenditure actually incurred by the employee on his medical
treatment or treatment of any member of his family to the extent of ` 15,000.
Therefore, in this case, the balance of ` 10,000 (i.e., ` 25,000 – ` 15,000) is a
taxable perquisite. Medical insurance premium paid by employer is exempt.
5. Conveyance allowance is exempt since it is based on actual reimbursement for
official purposes.
6. The value of any gift or voucher or token in lieu of gift received by the employee
or by member of his household below ` 5,000 in aggregate during the previous
year is exempt. In this case, the gift voucher was received on the occasion of
marriage anniversary and the sum exceeds the limit of ` 5,000.
Therefore, the entire amount of ` 10,000 is liable to tax as perquisite.
Note - An alternate view possible is that only the sum in excess of ` 5,000 is taxable
in view of the language of Circular No.15/2001 dated 12.12.2001 that such gifts upto
` 5,000 in the aggregate per annum would be exempt, beyond which it would be
taxed as a perquisite. As per this view, the value of perquisite would be ` 5,000.
7. Premium of ` 5,000 paid by the company for personal accident policy is not liable
to tax.
Question 3
Mr. M is an area manager of M/s N. Steels Co. Ltd. During the financial year 2017-18, he
gets the following emoluments from his employer:
Particulars
Basic Salary
Up to 31.8.2017 ` 20,000 p.m.
From 1.9.2017 ` 25,000 p.m.
Transport allowance ` 2,000 p.m.
Contribution to recognised provident fund 15% of basic salary
Children education allowance (Total) ` 500 p.m. for two children
City compensatory allowance ` 300 p.m.
Hostel expenses allowance (Total) ` 380 p.m. for two children
Tiffin allowance (actual expenses ` 3,700) ` 5,000 p.a.
Tax paid on employment ` 2,500
Compute taxable salary of Mr. M for the Assessment year 2018-19.
Answer
Computation of taxable salary of Mr. M. for the Assessment Year 2018-19
Particulars ` `
Basic Salary (` 20,000 x 5) +(` 25,000 x 7) 2,75,000
Transport allowance (` 2,000 x 12) 24,000
Less : Exempt under section 10(14) (` 1,600 x 12) 19,200 4,800
Particulars ` `
(The motor car is owned and driven by Mr. Anand. The engine cubic capacity is
below 1.60 litres. The motor car is used for both official and personal purpose by
the employee.)
(vii) Value of free lunch provided during office hours is ` 2,200.
Answer
Computation of taxable salary of Mr. Anand for A.Y. 2018-19
Particulars `
Basic pay [(` 25,000×11) + (` 27,500×1)] = ` 2,75,000 + ` 27,500 3,02,500
Dearness allowance [15% of basic pay] 45,375
Bonus [` 27,500 × 1.5] 41,250
Employer’s contribution to Recognized Provident Fund in excess of
12% (18% - 12% = 6% of ` 3,47,875) 20,873
Taxable allowances
Telephone allowance 12,000
Taxable perquisites
Rent-free accommodation [See Note 1 below] 60,169
Medical reimbursement (` 40,000 - ` 15,000) [See Note 2 below] 25,000
Reimbursement of salary of housekeeper [` 2,000 × 12] 24,000
Gift voucher [See Note 4 below] -
Motor car owned and driven by employee, running and maintenance 15,000
charges borne by the employer [` 36,600 - ` 21,600 (i.e., ` 1,800 × 12)]
Value of free lunch facility [See Note 5 below] -
Salary income chargeable to tax 5,46,167
Notes:
1. Where the accommodation is taken on lease or rent by the employer, the
value of rent-free accommodation provided to employee would be actual
amount of lease rental paid or payable by the employer or 15% of salary,
whichever is lower.
For the purposes of valuation of rent free house, salary includes:
(i) Basic salary ` 3,02,500
(ii) Dearness allowance ` 45,375
(iii) Bonus ` 41,250
(iv) Telephone allowance ` 12,000
Total ` 4,01,125
15% of salary = ` 4,01,125 × 15/100 = ` 60,169
Particulars ` `
Rent recovery 30,000
Tax (See Working Note 2 below) Nil 30,000
Net cash flow 1,20,000
Since the net cash flow is higher in Option 1, Mr. Khanna should opt for HRA,
which would be more beneficial to him.
Working Notes:
1. Computation of tax under Option 1 (HRA):
Particulars `
Salary:
Basic Pay 1,20,000
HRA (taxable) 40,000
Special allowance 30,000
Total salary 1,90,000
Tax on ` 1,90,000 (including cess) Nil
2. Computation of tax under Option 2 (Concessional
accommodation)
Particulars `
Salary:
Basic Pay 1,20,000
Special allowance 30,000
Concessional accommodation Nil
Total salary 1,50,000
Tax on ` 1,50,000 Nil
LET US RECAPITULATE
Basis of Charge [Section 15]
(i) Salary is chargeable to tax either on ‘due’ basis or on ‘receipt’ basis, whichever
is earlier.
(ii) However, where any salary, paid in advance, is assessed in the year of
payment, it cannot be subsequently brought to tax in the year in which it
becomes due.
(iii) If the salary paid in arrears has already been assessed on due basis, the same
cannot be taxed again when it is paid.
Taxability/Exemption of certain Allowances
Section Allowance Exemption
10(13A) House Rent Least of the following is exempt:
Allowance (a) HRA actually received
(b) Rent paid less 10% of salary
(c) 50% of salary, if accommodation is located in
Mumbai, Kolkata, Delhi or Chennai
40% of salary, if the accommodation is
located in any other city.
10(14)(ii) Children ` 100 per month per child upto maximum of two
education children
allowance
Transport ` 1,600 per month (` 3,200 per month for an
allowance for employee who is blind or deaf or dumb or
commuting orthopaedically handicapped)
between
the place of
residence and
the place of duty.
Hostel ` 300 per month per child up to a maximum of
expenditure two children
of employee’s
children
Meaning of Salary:
S. Calculation of exemption of Allowance Meaning of salary
No. / Terminal benefit / Valuation of
perquisite
1 Gratuity Basic salary and dearness allowance.
(in case of non-Government employees
covered by the Payment of Gratuity Act,
1972)
© The Institute of Chartered Accountants of India
HEADS OF INCOME 4.101